Absolutely is a SBS. The regs would be the same as an old Marble's Game-Getter, or any weapon of that type. If it can be proven that it was manufactured before 1898, or if it is a replica, that it cannot fire modern ammunition, then it MAY be exempted. IF it was rifled, you might be able to make a case for it being a pistol, but the communists who run BATFE have a real hard-on for unrifled "pistols"...especially if they can chamber a shotshell.

Best to submit the weapon, or minimally photos of same, along with any other documentation you have on it, receipt of purchase, etc., to the BATFE and see what they say. If they rule it a pistol, all's well. If they rule it an SBS, pay for the tax stamp-if they allow it, and have it legally.

I don't know about that, if I had a gun that I suddenly realized might be illegal, I don't think I'd be telling the ATF about it.

I don't know about that, if I had a gun that I suddenly realized might be illegal, I don't think I'd be telling the ATF about it.

I hear you, but if the gent is a dealer, or a collector, and he came across a piece that has a traceable lineage, that's how you get it done. Assuming it is an antique, there is no restrictions on it, and he could get a letter stating that.

Alternatives are ditching it, selling what may be seen as an SBS, which is a pretty major felony, or taking the chance that it isn't and keeping it. As long as you can prove its' age, that could work as well.

It is NOT "a violation of Federal NFA rules" as long as you do the paperwork and pay the tax... right back atcha.

This was manufactured without the tax stamp, making it illegal.

Dude, I'll debate you all day on this. Anything you want to bring up, I'll point out. The bottom line is that this is a sawed off shotgun sold as a pistol, making it a violation of all NFA rules, no matter how you try and slice it. Additionally, you must be a registered Class 2 manufacturer for that to come into play. This gun obviously was not.

I'm an author for Paladin, and I know my stuff. Your points, while valiant, are pointless. Tell you what; you take this gun to an ATF agent and tell him you wish to register it. Write me from prison and let me know what happened.

Also, whoever brought up the 1899 point, that only goes for standard firearms. It doesn't apply to NFA-regulated weapons.

Never dabbled in antique full-auto's or the like, and spoke without checking. Here is the applicable passage.

"Q: May a private citizen who owns an NFA firearm which is not registered have the firearm registered?
No. The NFA permits only manufacturers, makers, and importers to register firearms. Mere possessors may not register firearms. An unregistered NFA firearm is a contraband firearm, and it is unlawful to possess the weapon. The possessor should contact the nearest ATF office to arrange for its disposition.
[26 U.S.C. 5861(d)]"

Further, under the NFA;

"Smooth Bore, Shot-Pistol
Notice: All “Any Other Weapons” have a mandatory tax of $200.00 for making. Transfer of an “Any Other Weapons” is an additional $5.00.

ClassificationAny Other Weapon Distinctive CharacteristicsA pistol having a barrel with a smooth bore designed or redesigned to fire shot shells.

Rate of Transfer Tax
$5.00"

HOWEVER!

There is hope, however faint. If you can show a good-fatih purchase of the weapon in the belief that it is/was a legal antique...

"Firearms Curios or Relics List
A regulation implementing Federal firearms laws, 27 CFR Section 478.11, defines C&R firearms as those “which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.”

To be recognized as C&R items, 478.11 specifies that firearms must fall within one of the following categories:

a.Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
b.Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
c.Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF’s C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age. However, if you wish for a classification of your particular firearm under categories (b) or (c) above and wish your item to be listed, you may submit the weapon to the Firearms Technology Branch (FTB) for a formal classification.

Please note that firearms regulated under the National Firearms Act (NFA) may be classified as C&R items, but still may be subject to the provisions of the NFA. If your C&R item is an NFA firearm (e.g., Winchester Trappers) and you desire removal from the NFA status, you must submit it to FTB for evaluation and a formal classification."